S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5932

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 12, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT relating to technology systems used for locating missing children
  with developmental disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  legislature  hereby finds that the tragedy of Avonte
Oquendo who wandered away from his school never to be found alive  again
highlights  the  continuing  need  to find ways to protect children with
developmental disabilities.  Furthermore,  the  legislature  finds  that
timing  plays  a  crucial  role  in  preventing  wandering incidents and
wandering-related deaths of children with autism or other  developmental
disabilities.  Because  of this, the legislature finds that coordination
of search and rescue protocols that involve locator  devices  work  most
effectively when systems are coordinated.
  S 2. The commissioner of the division of criminal justice services, in
consultation  with the commissioner of the office for people with devel-
opmental disabilities, shall review information technology systems  used
for  locating missing children with developmental disabilities including
those that have been established by local governments for locating miss-
ing persons for the purpose of making recommendations on the creation of
a statewide communication program that could  be  utilized  by  entities
operating  such  locator  systems.  Such review shall include but not be
limited to:
  a. a survey of all current  information  technology  systems  used  by
local  governments  including  but  not  limited  to  global positioning
systems, radiotermination technology, telemetry and satellite  position-
ing systems;
  b.  an  analysis  of appropriate means for coordination of information
sharing amongst entities that currently utilize locator systems;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03795-01-5

              

S. 5932                             2

  c. a standardized process to assist local governments and other  enti-
ties interested in establishing a locator system;
  d.  a  process for synchronizing locator systems throughout the state;
and
  e. appropriate response procedures by law enforcement when  conducting
search  and rescue operations involving a child with developmental disa-
bilities.
  S 3. Such review and recommendations made pursuant to section  two  of
this  act  shall  be published in a report and provided to the governor,
temporary president of the senate and speaker of the assembly  no  later
than one hundred twenty days following enactment.
  S  4.   The superintendent of the department of financial services, in
consultation with the commissioner of the department  of  health,  shall
conduct  a  study  to  review  health  insurance  coverage of technology
systems used for locating children with developmental disabilities  when
the  treating  physician or other licensed health care provider deems it
necessary for the health and safety of  the  child.  In  conducting  its
study,  the  department of financial services shall consider whether and
to what extent insurance companies in the state currently cover technol-
ogy systems used for locating children with developmental  disabilities;
whether  and  to  what  extent  coverage  of technology systems used for
locating children with developmental disabilities would impact premiums;
the cost to the state of the new mandate; and to  what  extent  coverage
should  include  rate  of  use,  repair  and  maintenance,  and  monthly
subscriber fees.
  S 5. The department of financial services shall consult with  relevant
stakeholders,  including  insurance companies, consumer advocacy groups,
disability advocacy groups, and any other person or entity such  depart-
ment  deems necessary. Such department shall issue a report of its find-
ings as well as its recommendations as to whether insurance coverage  of
technology  systems  used for locating children with developmental disa-
bilities is feasible, the  extent  to  which  such  coverage  should  be
provided, and the impact this would have on premiums as well as the cost
to  the  state. Such department shall submit its report to the governor,
the temporary president of the senate, the speaker of the assembly,  and
the  chairs  of the senate and assembly standing committees on insurance
no later than one hundred eighty days following the  effective  date  of
this act.
  S 6. This act shall take effect immediately.